We'll wait to see how LAZ will restore Judiciary's integrity - Sakala

We'll wait to see how LAZ will restore Judiciary's integrity - Sakala
By Maluba Jere in Lusaka and Edwin Mbulo in Livingstone
Tue 10 Jan. 2012, 13:57 CAT

CHIEF Justice Ernest Sakala says the Judiciary will wait to see how the Law Association of Zambia will restore the institution's integrity. And Vice-President Guy Scott has urged the Judiciary to "clean its house" and join the fight against corruption.

Reacting to a statement by newly-elected LAZ president James Banda that the professional body would ensure that it restores and maintains the integrity of the Judiciary, justice Sakala, during the opening of the High Court criminal sessions for 2012 in Lusaka yesterday, said he was not sure if LAZ was aware of the challenges being faced by the courts.

"I have seen in the press today where LAZ is talking about restoring integrity to the Judiciary. We will wait to see how LAZ will do that. I am not sure if LAZ has any idea of the challenges faced by the Judiciary," he said.

Banda, in an interview last week, said the absence of a functioning judiciary can lead to a breakdown of society.

He also said his association would engage government to find a solution to concerns the public have been raising against the judiciary.

"They have been attacks on the Judiciary like allegations of corruption, allegations of some judges not working properly, the allegations of delayed judgments. All these issues have to be looked into because without an effective judiciary, justice would be a wish not a reality. We will be engaging government on this issue and all concerned parties to find an effective way of ensuring that our judiciary is effective and accountable and free from corruption," said Banda.

"…We want accusations to stop so that the integrity of the judiciary is restored and maintained and we have a functioning judiciary. Without a functioning judiciary, society breaks down and we need our judiciary to be effective and this is one of our priorities of now until the next annual general meeting."

And justice Sakala said the Judiciary is alive to the public outcry regarding its operations and at times criticism and attacks regarding its work.

He acknowledged that all was not well, adding that it was the aim of the Judiciary to achieve affordable, accessible, cost effective and transparent justice that will be accountable to the public.

Justice Sakala said the Judiciary was faced with numerous financial difficulties and appealed to the government to seriously look at the funding to the institution.

He said drastic change was needed if the proposed were to have a meaningful impact on the people.

"Our current budget falls far too short of achieving our aims and objectives. We would at least like to see a situation that even the limited budgetary allocation once approved, the ministry of Finance could ensure that all the allocation is released in full," justice Sakala said.

"This is presently not the case. Over the past years, the trend has been that less than 70 percent of the approved budget is released. This has no doubt negatively affected our projects and programs and we have even been unable to fulfill the objectives relating to conditions of service of our support staff in terms of terminal benefits and others."

Justice Sakala said the financial constraints faced by the Judiciary were also defeating the very concept of an autonomous Judiciary.

He further expressed concern at the fact that defilement cases had continued to rank amongst the highest in the country with over 1,000 cases reported last year alone.

Justice Sakala said despite the many challenges and lack of resources, the Judiciary was constantly brainstorming on finding ways of dealing with the sentencing process for the sexual offences so as to reduce the number of inmates waiting in prison pending sentencing.

He noted that from the statistics on the sexual offences, it was clear that the perpetrators of the offence had continued heedless of the very harsh sentences being meted out by the courts ranging from the 15 years to life imprisonment.

Justice Sakala added that as a possible measure to deal with the backlog of pending cases awaiting sentencing, the Judiciary had been considering the possibility of enhancing the sentencing powers of magistrates.

He said it had been proposed that magistrates' sentencing powers be increased to 15 years from the current nine years to enable them deal with cases of defilement without committing the convicted to the High Court for sentencing.

"…This will help decongest the prisons," said justice Sakala.

And officiating at the function, Vice-President Scott said service delivery by any state institution was dependent upon eliminating corruption.

He said corruption permeated the Zambian governance system and that the Judiciary was not immune.

"The commitment of the Patriotic Front to ending corruption in Zambia extends through the executive, the legislature, the private sector, both local and foreign investors included and indeed the Judiciary," Vice-President Scott said.

"Please accept our invitation and ensure that the Judiciary participates in cleaning its own house, making full use of the law enforcement agencies as appropriate."

He said the more efficient and effective the judiciary became, the more support it will attract from a variety of sources.

Vice-President Scott said his government attaches great importance to the role the Judiciary plays as the final arbiter in the country, in conformity with the Constitution.

He said the government was committed to ensuring that the Judiciary functions efficiently by making every effort to address the many challenges being experienced.

Vice-President Scott said the government wanted to see an independent and efficient judiciary that will address people's expectations by ensuring that justice is not only delivered, but delivered on time and in an objective manner unattained by bribery and corruption.

Meanwhile, Livingstone High Court judge Justine Chashi says the judiciary will remain committed in the fight against corruption.

In his speech during the opening of the Livingstone High Court Session yesterday, judge Chashi, sitting with judge-in-charge Ernest Mukulwamutiyo, said Zambians should stand stamp out corruption.

"We in the Judiciary shall remain committed in the fight against corruption as our vision states. We shall always aspire to be a totally autonomous Judiciary, impartial, effective and dispense timely justice accessible to all without discrimination," Judge Chashi said.

He said the justice system would inspire public confidence through applying the highest standards of integrity and morality.

Judge Chashi said corruption was a serious crime which required a corrupt free judicial system to avoid undermining the delivery of justice.

And speaking later during a Sherry drinking court opening ceremony, Southern Province minister Miles Sampa warned civil servants not to engage in corrupt practices especially over the K50.8 billion allocated for various construction projects in Choma, the new provincial headquarters.